Hong Kong Operation Against Illegal Workers Results in Two Arrests

Two persons arrested during joint anti-illegal worker operation by Immigration Department and Travel Industry Authority

The Immigration Department (ImmD) and the Travel Industry Authority (TIA) mounted a joint anti-illegal worker operation for two consecutive days, October 5 and 6, to combat illegal workers providing tourist guide and photo-taking services in Hong Kong. Two Mainland visitors, who were suspected illegal workers, were arrested.

As there have been suspected illegal workers utilising social media platforms to advertise tourist guide and photo-taking services in Hong Kong, the ImmD and TIA initiated an operation. Officers disguised as customers enquired about and booked services with the suspects via social media platforms. The suspects were subsequently arrested while providing such services in Hong Kong. The arrested illegal workers comprised a man and a woman, aged 22 and 43, who were prosecuted for the offence of breaching their conditions of stay. One of the illegal workers arrested pleaded guilty to the charge at the Shatin Magistrates’ Courts today (October 7) and was sentenced to 54 days’ imprisonment.

The ImmD and TIA have also deployed officers to distribute leaflets to the public and visitors at tourist hotspots, conveying the message of “Don’t employ illegal tour escort or tourist guides”.

An ImmD spokesman said, “Any person who contravenes a condition of stay in force in respect of him or her shall be guilty of an offence. Also, visitors are not allowed to take employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years’ imprisonment. Aiders and abettors are also liable to prosecution and penalties.”

The spokesman added that it is a serious offence to employ people who are not lawfully employable. Under the Immigration Ordinance, the maximum penalty for an employer employing a person who is not lawfully employable, i.e. an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land, has been significantly increased from a fine of $350,000 and three years’ imprisonment to a fine of $500,000 and 10 years’ imprisonment to reflect the gravity of such offences. The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence.

According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee’s identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker’s valid travel document if the job seeker does not have a Hong Kong permanent identity card. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year. In that connection, the spokesman would like to remind all employers not to defy the law by employing illegal workers. The ImmD will continue to take resolute enforcement action to combat such offences.

Under the existing mechanism, the ImmD will, as a standard procedure, conduct an initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation with a view to ascertaining whether they are trafficking in persons (TIP) and/or forced labour victims. When any TIP and/or forced labour indicator is revealed in the initial screening, the ImmD officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP and/or forced labour elements. Identified TIP and/or forced labour victims will be provided with various forms of support and assistance, including urgent intervention, medical services, counselling, shelter or temporary accommodation and other supporting services. The ImmD calls on TIP and/or forced labour victims to report crimes to the relevant departments immediately.

For reporting illegal employment activities, please call the dedicated hotline 185 185, fax at 2824 1166, email anti_crime@immd.gov.hk, or submit the “Online Reporting of Immigration Offences” form at www.immd.gov.hk.

Hong Kong Customs and FSD mount territory-wide joint operation against illicit fuel activities

Hong Kong Customs and the Fire Services Department (FSD) mounted a territory-wide joint operation codenamed “Knockout” targeting illicit fuel activities from September 16 to 30, aiming to cut off the source and supply of illicit fuel and tackle illegal fuelling activities in downtown areas. Officers of Customs and the FSD detected seven related cases, and seized more than 30 000 litres of illicit fuel and eight vehicles with an estimated market value of about $1.7 million. Nine persons were arrested.

During the operation, Customs strengthened enforcement against the source and supply of illicit fuel. Customs officers raided two illicit motor spirit storage sites in San Tin and Tuen Mun, seizing about 12 000 litres of duty-not-paid motor spirit, one tractor, two private cars, a large number of jerry cans, intermediate bulk containers and fuelling tools with one male driver arrested. The storage sites were believed to be transit points for illicit motor spirit. Criminals smuggled and off-loaded duty-not-paid motor spirit to these storage sites with cross-border vehicles, and subsequently transported the duty-not-paid fuel with private cars to illegal fuelling stations in downtown areas.

In addition, officers of Customs and the FSD also dismantled five illegal fuelling stations in Kowloon Bay, Kwun Tong, Kam Tin, Kwai Chung and Tuen Mun. About 4 000 litres of duty-not-paid motor spirit, 14 000 litres of diesel, four private cars and one light goods vehicle were seized. Eight persons were arrested, including the operators and customers of illegal fuelling stations.

Investigations are ongoing. Customs will continue to collaborate with the FSD in combating illicit fuel activities. Members of the public are also urged not to patronise illicit fuelling stations. The use of illicit fuel is a criminal offence, and vehicles involved may be liable to confiscation.

According to the Dutiable Commodities Ordinance (Cap. 109), any vehicle found conveying illicit motor spirit, as well as any tools, equipment, or articles used or intended to be used in connection with the commission of related offences, shall be liable to forfeiture whether or not any person is convicted of any offence. Anyone involved in dealing with, possession of, selling or buying illicit motor spirit commits an offence. The maximum penalty upon conviction is a fine of $1 million and imprisonment for two years.

Under the Fire Services (Fire Hazard Abatement) Regulation (Cap. 95F), it is an offence to possess or control any controlled substance for the business purpose of transferring it into vehicle fuel tanks. The Dangerous Goods Ordinance (Cap. 295) also provides that no person shall manufacture, store, convey or use any dangerous goods unless they possess a licence or exemption granted. Upon conviction, the maximum penalty for the first offence is a fine of $100,000 and imprisonment for six months. For each subsequent offence, the maximum penalty is a $200,000 fine and imprisonment for one year.

Moreover, Customs reminds cross-boundary goods vehicle drivers not to engage in any smuggling activities. Under the Import and Export Ordinance (IEO) (Cap. 60), any person who alters the fittings, fabric or structure, or makes use of the altered fittings, fabric or structure, of any vehicle for the purpose of smuggling commits an offence. The vehicle may also be subject to forfeiture.

Smuggling is a serious offence. Under the IEO, any person found guilty of importing or exporting unmanifested cargo is liable to a maximum fine of $2 million and imprisonment for seven years.

Members of the public are urged to report suspected illicit fuel activities via the Customs’ 24-hour hotline 182 8080 or the FSD’s 24-hour hotline 5577 9666. The public may also report through the Illicit Fuelling Activities on the Fire Hazard Electronic Complaint Portal of the FSD (fhcp.hkfsd.gov.hk).